Change of status from H4 to F1 Age turning to 21 years

rkshree

New Member
Hello Team,

My son is turning 21 years and applied for change of status from H4 to F1 in september 2018. He is doing undergrad 3rd year he will be graduating in 2020 may and have plans to study further to go to med schools if possible. His application moved to Potomac service center in Jan. And center is not showing processing timings for I-539 applications .Current H4 status and I-94 expires august 20 2019. If F1 status not approved by august 20 is he eligible to stay legally in US till his F1 status approved? Please suggest what all options he have to avoid travelling to India now ?.

Any information is very helpful.
 
Change of status petitions are currently taking a long time to adjudicate. Your son would be advised to travel to his home country that issued the H4 visa prior to i94 expiration, and apply for an F1 visa at a consulate. The pending i-539 puts him in a state of authorized stay until adjudication but that's somewhat of a limbo.
 
Thank you for the reply. I am sorry i didn't get what is "adjudication but that's somewhat of a limbo."
Can he stay after august 20the legally ?
Or else will he be considered as out of status ? illegal stay ?

Considering all visa stamping issues thinking not to travel if he can stay legally until F1 approved.
 
Top